DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Girls’ School
(AG2020/3472)

ST PETER’S COLLEGIATE GIRLS’ SCHOOL ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 27 NOVEMBER 2020

Application for approval of the St Peter’s Collegiate Girls’ School Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s Collegiate Girls’ School Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Collegiate Girls’ School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 November 2020 and was determined on the papers.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Girls’ School brought an application before the Fair Work Commission seeking approval of the St Peter’s Collegiate Girls’ School Enterprise Agreement 2020. The school argued that the agreement was necessary to address the challenges in the educational sector due to the COVID-19 pandemic, including the need to implement remote learning and adjust working conditions. The application was opposed by the Australian Education Union (AEU), which represented some of the school's employees.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly in relation to the process of negotiation and the content of the agreement. The AEU argued that the agreement did not reflect a genuine negotiation process and that certain clauses contravened the Fair Work Act. The Commission had to determine whether the agreement was made in good faith and whether it was consistent with the provisions of the relevant Acts.

The Commission found that the agreement was made in good faith and that the process of negotiation, while not conventional due to the pandemic, was genuine. The Commission also concluded that the content of the agreement was consistent with the provisions of the Fair Work Act and did not contravene any statutory minimum standards. The Commission approved the agreement, noting the exigencies of the pandemic and the need for flexibility in the educational sector. The final orders included the approval of the St Peter’s Collegiate Girls’ School Enterprise Agreement 2020, subject to the terms and conditions set out in the decision.

St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established